Haffejee NO and Others v eThekwini Municipality and Others (CCT 110/10) [2011] ZACC 28; 2011 (6) SA 134 (CC); 2011 (12) BCLR 1225 (CC) (25 August 2011)

Haffejee NO and Others v eThekwini Municipality and Others (CCT 110/10) [2011] ZACC 28; 2011 (6) SA 134 (CC); 2011 (12) BCLR 1225 (CC) (25 August 2011)

The Constitutional Court held that section 25(2)(b) of the Constitution does not require that the amount, time, and manner of compensation for expropriation be determined before expropriation occurs. While it is generally just and equitable for compensation to be determined prior to expropriation, there are circumstances, such as urgent public needs, where determination may follow expropriation. The Expropriation Act is not unconstitutional solely because it allows expropriation before compensation is determined. However, eviction following expropriation may only occur by agreement or under court supervision, ensuring just and equitable outcomes. The Trust's broader constitutional...

Citation
[2011] ZACC 28
Parties
Applicant: Mohammed Yusuf Haffejee N.O.; Applicant: Ebrahim Yusuf Haffejee N.O.; Applicant: Sara Haffejee N.O.; Respondent: eThekwini Municipality; Respondent: Minister for Public Works; Respondent: Premier of KwaZulu-Natal
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
25 August 2011
Case Number
CCT 110/10
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Constitutional Court Following Refusal by the High Court and Supreme Court of Appeal.
Outcome
Leave to appeal is granted; the appeal is dismissed.
Judges
Froneman, Ngcobo, Moseneke, Cameron, Jafta, Khampepe, Mogoeng, Mthiyane, Nkabinde, Van der Westhuizen
Legal Topics
Expropriation, Just and Equitable Compensation, Section 25 Constitution, Eviction, Access to Courts
Constitutional Law Land and Property Expropriation Just and Equitable Compensation Section 25 Constitution Eviction Access to Courts

Case Brief

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Parties

Mohammed Yusuf Haffejee N.O.

Applicant

Ebrahim Yusuf Haffejee N.O.

Applicant

Sara Haffejee N.O.

Applicant

eThekwini Municipality

Respondent

Minister for Public Works

Respondent

Premier of KwaZulu-Natal

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Constitutional Court Following Refusal by the High Court and Supreme Court of Appeal.

Legal Issues

  1. 1 Whether section 25(2)(b) of the Constitution requires compensation for expropriation to be determined before expropriation is constitutionally valid.
  2. 2 Whether the Expropriation Act is unconstitutional for permitting expropriation before compensation is determined.
  3. 3 Whether eviction may occur before compensation is determined and paid.

Ratio Decidendi

The Constitutional Court held that section 25(2)(b) of the Constitution does not require that the amount, time, and manner of compensation for expropriation be determined before expropriation occurs. While it is generally just and equitable for compensation to be determined prior to expropriation, there are circumstances, such as urgent public needs, where determination may follow expropriation. The Expropriation Act is not unconstitutional solely because it allows expropriation before compensation is determined. However, eviction following expropriation may only occur by agreement or under court supervision, ensuring just and equitable outcomes. The Trust's broader constitutional...

Court Disposition

Leave to appeal is granted; the appeal is dismissed.

Orders

  • The application for leave to appeal is granted.
  • The appeal is dismissed.